HomeMy Public PortalAbout019-2006 Board of Parks-REO GirlsFACILITY USAGE AGREEMENT
This Agreement is entered into by the Board of Parks and Recreation (hereinafter referred to as
"Department") and the Richmond Evening Optimist Club of Richmond, Indiana (hereinafter referred to as
"Club"). In consideration of the mutual promises exchanged herein, it is agreed as follows:
1. Pursuant to Indiana Code 22-9-1-10, Club, any sub -contractor, or any person acting on behalf of
the Club or any sub -contractor shall not discriminate against any employee or applicant for
employment to be employed in the performance of the Agreement, with respect to hire, tenure,
terms, conditions or privileges of employment or any matter directly or indirectly related to
employment, because of race, religion, color, sex, disability, national origin, or ancestry.
2. This Agreement shall become effective on April 1, 2006 and expire on December 31, 2006, with
the Department being able to use the field during Labor Day weekend for their annual Coops
Boogie Softball Tournament.
3. During the term of this Agreement, Club will have exclusive use of the Girl's Softball Diamond
located in the northeast corner of Clear Creek Park for practice, games, and tournaments
scheduled through the Club's Girl's Softball Program. Any use of the Diamond by other persons,
groups or organizations must be approved in writing by Club's President and Department, prior to
such use or event.
Club will also have the right to use the diamonds located at Springwood Lake Park as long as
they are in existence as follows:
The small diamond: Monday — Friday
The large diamond: Monday, Wednesday & Friday
4. Club shall take steps to maintain the diamonds after each usage. Such maintenance shall include,
but not be limited to, dragging and chalking before league play, picking up trash nightly from the
surrounding area, and ensuring that no vehicles park on the grass that surrounds the playing
fields.
5. Club agrees to procure an Insurance Policy with limits of liability no less than $1,000,000 per
person and $1,000,000 per occurrence. The City of Richmond shall be named as a co-insured on
such policy. Club shall provide the Department with a copy of said policy or Certificate of
Coverage on or before April 1, 2006 and shall not be permitted to engage in activities at
Department's facilities until proof of coverage is provided.
6. The Department agrees to provide the following maintenance for the facility at Clear Creek Park
before and during the softball season, to wit:
a Mowing the field and surrounding area at least once a week or as deemed necessary by
Department and Club.
b Providing trash containers and trash collection provided Club shall pick up trash and
debris from the field and surrounding area following each event or practice.
Contract No. 19-2006
Providing parts, equipment and labor to replace bulbs and lighting fixtures as needed.
Lights will be checked and repaired by the Department no later than one (1) week prior
to the beginning of the season. Club will inform the Department as repairs are needed
during the season and the Department will schedule the repairs promptly.
d Department will drag and chalk the infield prior to scheduled events Monday through
Friday as weather permits, provided Club will supply the Department with the
necessary bags of chalk.
Department will paint foul lines on the outfield grass as deemed necessary by
Department and Club
7. Club will provide the Department with a schedule of games no later than one (1) week prior to the
beginning of the season. A tournament schedule will also be provided to the Department as soon
as it is prepared by Club.
8. Department agrees to operate the Club's concession stand under the following conditions, to -wit:
a The stand will open one-half (1/2) hour prior to the starting time of the first scheduled
game and will close no later than fifteen minutes after the end of the final scheduled
game.
b Prices and merchandise will be determined by the Department.
Department will pay all applicable fees and will operate the concession stand in a
manner conforming with all applicable laws and regulations.
d Club`s officers and Department's employees are the only authorized individuals that
will be permitted inside the concession stand.
Department will furnish all improvement costs to the concession side of the building
f Department agrees to pay club Fifty Percent (50%) of the net profit generated from the
operation of the stand. Net profit shall be determined as follows: gross receipts minus
the cost of food, drink and supplies used; concession stand labor, taxes, labor for
mowing, dragging of the infield, painting of the grass foul lines, trash pick up; and the
power bill for the diamond and stand. Major field or site improvements will be
provided by Department and will not be items charged against gross receipts.
9. Department will record all expenses and revenue from the concession operation, and Club has the
right to review such records upon fifteen (15) days written request.
10. Department agrees to provide payment to Club within forty-five (45) days following the
expiration of this Agreement.
11. Club shall set a specified time limit for all games; including Saturdays, Sundays and any other
make-up games.
12. All keys assigned to the Club shall be returned to the Department no later than October 1, 2006.
The keys will then be reissued to the designated members of Club the following year, if this
Agreement is extended.
13. Club shall provide the Department a list of the names and phone numbers of all officers on or
before May 1, 2006.
14. Club agrees to indemnify, release, and hold harmless the City of Richmond, the Department, and
all employees, officers or agents of the same from any liability that may arise from the use of the
facilities by Club.
15. This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing the Agreement, a written instrument setting forth such
changes by both parties.
16. This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which constitute but one and the same instrument.
17. The parties hereto submit to jurisdiction of the courts or Wayne County, Indiana, and suit arising
under this Agreement, if any, must be filed is said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceeding in said
court.
18. Any person executing this Agreement in a representative capacity hereby warrants that he has
been duly authorized by his or her principal to execute this Agreement.
19. In the event of any breach of this Agreement by Club, and in addition to any damages or
remedies, Club shall be liable for all costs incurred by Department due to the enforcement of this
Agreement, including but not limited to Department's reasonable attorney's fees.
20. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
Executed this 16th day of March, 2006
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks & Recreation
By:_S/S Terry Harkelroad
President, Parks & Recreation Board
DATE: March 16, 2006
APPROVED: _S/S Sonia L. Brock
Interim -Superintendent of
Parks & Recreation Dept.
APPROVED: _S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
RICHMOND EVENING OPTIMIST CLUB
of Richmond, Indiana
By: S/S Lisa Reed
President, Richmond Evening Optimist
DATE: March IT 2006